adapting Directives 73/239/EEC, 74/557/EEC and 2002/83/EC in the field of environment, by reason of the accession of Bulgaria and Romania

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to the Treaty of Accession of Bulgaria and Romania (1), and in particular Article 4(3) thereof,

Having regard to the Act of Accession of Bulgaria and Romania, and in particular Article 56 thereof,

Having regard to the proposal from the Commission,

Whereas:

(1)

Pursuant to Article 56 of the Act of Accession, where acts of the institutions remain valid beyond 1 January 2007, and require adaptation by reason of accession, and the necessary adaptations have not been provided for in the Act of Accession or its Annexes, the necessary acts are to be adopted by the Council, unless the Commission adopted the original act.

(2)

The Final Act of the Conference which drew up the Treaty of Accession indicated that the High Contracting Parties had reached political agreement on a set of adaptations to acts adopted by the institutions required by reason of accession and invited the Council and the Commission to adopt these adaptations before accession, completed and updated where necessary to take account of the evolution of the law of the Union.

Directives 79/409/EEC, 92/43/EEC, 97/68/EC, 2001/80/EC and 2001/81/EC shall be amended as set out in the Annex.

Article 2

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by the date of accession of Bulgaria and Romania to the European Union at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.

When Member States adopt those provisions, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 3

This Directive shall enter into force subject to and on the date of the entry into force of the Treaty of Accession of Bulgaria and Romania.

11994 N: Act concerning the conditions of accession and the adjustments to the Treaties — Accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden (OJ C 241, 29.8.1994, p. 21),

12003 T: Act concerning the conditions of accession and the adjustments to the Treaties — Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic (OJ L 236, 23.9.2003, p. 33),

ПРИЛОЖЕНИЕ I — ANEXO I — PŘÍLOHA I –BILAG I — ANHANG I — I LISA — ΠΑΡΑΡΤΗΜΑ I — ANNEX I — ANNEXE I — ALLEGATO I — I PIELIKUMS — I PRIEDAS — I. MELLÉKLET — ANNESS I — BIJLAGE I — ZAŁĄCZNIK I — ANEXO I — ANEXA I — PRÍLOHA I — PRILOGA I — LIITE I — BILAGA I

31992 L 0043: Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7), as amended by:

—

11994 N: Act concerning the conditions of accession and the adjustments to the Treaties — Accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden (OJ C 241, 29.8.1994, p. 21),

12003 T: Act concerning the conditions of accession and the adjustments to the Treaties — Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic (OJ L 236, 23.9.2003, p. 33),

—

32003 R 1882: Regulation (EC) No 1882/2003 of the European Parliament and of the Council of 29.9.2003 (OJ L 284, 31.10.2003, p. 1).

(a)

Article 1(c)(iii) is replaced by the following:

‘(iii)

present outstanding examples of typical characteristics of one or more of the nine following biogeographical regions: Alpine, Atlantic, Black Sea, Boreal, Continental, Macaronesian, Mediterranean, Pannonian and Steppic.’

(b)

In Article 4(2), the word ‘seven’ is replaced by ‘nine’.

(c)

Annexes I and II are replaced by the following:

‘

ANNEX I

NATURAL HABITAT TYPES OF COMMUNITY INTEREST WHOSE CONSERVATION REQUIRES THE DESIGNATION OF SPECIAL AREAS OF CONSERVATION

Interpretation

Guidance on the interpretation of habitat types is given in the “Interpretation Manual of European Union Habitats” as approved by the committee set up under Article 20 (“Habitats Committee”) and published by the European Commission (1).

Hydrophilous tall herb fringe communities of plains and of the montane to alpine levels

6440

Alluvial meadows of river valleys of the Cnidion dubii

6450

Northern boreal alluvial meadows

6460

Peat grasslands of Troodos

65. Mesophile grasslands

6510

Lowland hay meadows (Alopecurus pratensis, Sanguisorba officinalis)

6520

Mountain hay meadows

6530

* Fennoscandian wooded meadows

7. RAISED BOGS AND MIRES AND FENS

71. Sphagnum acid bogs

7110

* Active raised bogs

7120

Degraded raised bogs still capable of natural regeneration

7130

Blanket bogs (* if active bog)

7140

Transition mires and quaking bogs

7150

Depressions on peat substrates of the Rhynchosporion

7160

Fennoscandian mineral-rich springs and springfens

72. Calcareous fens

7210

* Calcareous fens with Cladium mariscus and species of the Caricion davallianae

7220

* Petrifying springs with tufa formation (Cratoneurion)

7230

Alkaline fens

7240

* Alpine pioneer formations of the Caricion bicoloris-atrofuscae

73. Boreal mires

7310

* Aapa mires

7320

* Palsa mires

8. ROCKY HABITATS AND CAVES

81. Scree

8110

Siliceous scree of the montane to snow levels (Androsacetalia alpinae and Galeopsietalia ladani)

8120

Calcareous and calcshist screes of the montane to alpine levels (Thlaspietea rotundifolii)

8130

Western Mediterranean and thermophilous scree

8140

Eastern Mediterranean screes

8150

Medio-European upland siliceous screes

8160

* Medio-European calcareous scree of hill and montane levels

82. Rocky slopes with chasmophytic vegetation

8210

Calcareous rocky slopes with chasmophytic vegetation

8220

Siliceous rocky slopes with chasmophytic vegetation

8230

Siliceous rock with pioneer vegetation of the Sedo-Scleranthion or of the Sedo albi-Veronicion dillenii

8240

* Limestone pavements

83. Other rocky habitats

8310

Caves not open to the public

8320

Fields of lava and natural excavations

8330

Submerged or partially submerged sea caves

8340

Permanent glaciers

9. FORESTS

(Sub)natural woodland vegetation comprising native species forming forests of tall trees, with typical undergrowth, and meeting the following criteria: rare or residual, and/or hosting species of Community interest

Acidophilous Picea forests of the montane to alpine levels (Vaccinio-Piceetea)

9420

Alpine Larix decidua and/or Pinus cembra forests

9430

Subalpine and montane Pinus uncinata forests (* if on gypsum or limestone)

95. Mediterranean and Macaronesian mountainous coniferous forests

9510

* Southern Apennine Abies alba forests

9520

Abies pinsapo forests

9530

* (Sub-) Mediterranean pine forests with endemic black pines

9540

Mediterranean pine forests with endemic Mesogean pines

9550

Canarian endemic pine forests

9560

* Endemic forests with Juniperus spp.

9570

* Tetraclinis articulata forests

9580

* Mediterranean Taxus baccata woods

9590

* Cedrus brevifolia forests (Cedrosetum brevifoliae)

95A0

High oro-Mediterranean pine forests

ANNEX II

ANIMAL AND PLANT SPECIES OF COMMUNITY INTEREST WHOSE CONSERVATION REQUIRES THE DESIGNATION OF SPECIAL AREAS OF CONSERVATION

Interpretation

(a) Annex II follows on from Annex I for the establishment of a consistent network of special areas of conservation.

(b) The species listed in this Annex are indicated:

—

by the name of the species or subspecies, or

—

by all the species belonging to a higher taxon or to a designated part of that taxon.

The abbreviation “spp.” after the name of a family or genus designates all the species belonging to that family or genus.

(c) Symbols

An asterisk (*) before the name of a species indicates that it is a priority species.

Most species listed in this Annex are also listed in Annex IV. Where a species appears in this Annex but does not appear in either Annex IV or Annex V, the species name is followed by the symbol (o); where a species which appears in this Annex also appears in Annex V but does not appear in Annex IV, its name is followed by the symbol (V).